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  • Writer's pictureBill Raines

Former Guthrie Township Trustee Ordered to Pay $32,879.51 in Restitution to the State of Indiana

LAWRENCE COUNTY - FEBRUARY 7, 2023 - Former Guthrie Township Trustee has been ordered to pay $32,879.51 back to the State of Indiana in restitution.


Former Guthrie Township Trustee Robert Awbrey


In a plea agreement between Lawrence County Prosecutor's office, Awbrey pled guilty to official misconduct charge which is a Level - 6 Felony. Under the terms of the plea agreement Lawrence County Superior Court, I Judge John Plummer suspended the 910 days to the Indiana Department of Corrections and placed Awbrey on two-year unsupervised probation.


Following his court hearing this week, Awbrey released the following statement to the Lawrence County Zephyr.


" This has been very stressful for me for a long time. Basically, as I said from the start, I did not knowingly steal anything. I told the court that I failed to do things properly because either I didn't know or misunderstood, and in some cases I just failed to do things properly," said Awbrey.


Awbrey could have been ordered treble the number of damages to Guthrie Township which was over $78,000.


Listed below is the terms and conditions of the civil judgement against Awbrey:


STATE OF INDIANA

COUNTY OF LAWRENCE

SS:

IN THE LAWRENCE CIRCUIT COURT CAUSE NO. 47C01-2001-PL-000114

STATE OF INDIANA ex rel. TODD ROKITA, ATTORNEY GENERAL OF INDIANA,


Plaintiff,


V.


ROBERT AWBREY, Defendant.


AGREED JUDGMENT,

AS TO DEFENDANT, ROBERT AWBREY


Plaintiff, State of Indiana and ex rel. Todd Rokita, Attorney General of Indiana ("State"), by counsel, Marielle Riedle, Deputy Attorney General, and Defendant Robert Awbrey ("Awbrey"), by counsel Scott Callahan, now agree as follows:


1. The State shall have a judgment against Robert Awbrey, in the total amount of Thirty-Two Thousand Eight Hundred Seventy—Nine and 51/100 Dollars ($32,879.51).


2. Awbrey agrees to pay the judgment entered herein by making one initial lump sum payment within thirty (30) days of this Agreed Judgment being filed with the Court in the amount of$16,879.51. Thereafter, the remaining balance shall be paid in monthly installments of $500.00, which shall begin effective 60 days after this Agreed Judgment is filed with the Court, and continue every month thereafter, with payments due by the last day of the month, until the remaining principal has been paid in full. If Plaintiff declares Awbrey to be in default, the full remaining balance of this Agreed Judgment, together with a statutory post judgment interest rate of eight percent (8%) per annurn, shall be owed.



3. Pursuant to Ind. Code § 5-11-1-9, the State Board of Accounts ("SBOA")

performed an examination of the books, accounts, and records of Guthrie Township ("Township"),

Lawrence County, Indiana, as outlined in SBOA Special Investigation Report B53276 ("Audit

Report"), dated September 10, 2019.


4. The Audit Report covered the period of May 1, 2016, to December 31, 2018 ("Audit

Period").


5. Awbrey was the Trustee at all relevant times during the Audit Period.


6. The Audit Report disclosed malfeasance, misfeasance, and/or nonfeasance on the

part of Awbrey.


7. Awbrey acknowledges that this debt arose from the Audit Report and admits to the

findings of the SBOA in the Audit Report which resulted in misappropriating public Township funds.


8. Awbrey may relieve his liability under this Agreed Judgment by making payment in full of any remaining balance at any time.


9. State agrees that provided Awbrey makes all payments on time, the statutory interest will be waived.


10. Awbrey agrees that this debt is not dischargeable in bankruptcy pursuant to 11

U.S.C. § 523 (a)(4). Awbrey also agrees that this debt is not dischargeable in bankruptcy pursuant


to 11 U.S.C. §§ 523(a)(2)(A), 523(a)(4), 523(a)(6), and/or 11 U.S.C. § 523(a)(7).


11. All payments are to be made payable to the "State of Indiana" and shall be sent

to: Ofi'ice 0fthe Indiana Attorney General,' Attn.' Asset Recovery & Bankruptcy Litigation,' Indiana Government Center South, Fifth Floor,' 302 West Washington Street,' Indianapolis, Indiana 4 6204- 2770.




12. The notation "141162" shall be made on the reference line of each payment.


13. Any modification of this Agreed Judgment, including matters related to payments

must be in writing and signed by the below parties.


14. Plaintiff shall have the right to declare Awbrey in default if any payments are

received late or are missed. Plaintiff's acceptance of a late payment will not prevent Plaintiff from declaring Awbrey in default. If Plaintiff declares Awbrey to be in default, the full remaining balance of this Agreed Judgment, together with a statutory post judgment interest

rate of eight percent (8%) per annum, shall become immediately due and owing to Plaintiff.


ALL OF WHICH IS AGREED TO BY THE FOLLOWING:


/s/ Marielle Riedle

Marielle Riedle

Deputy Attorney General


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